IMS5032

Recordkeeping, accountability and the law

Offered subject to approval

S McKemmish

12 points - 8 hours per week in participation in interactive discussion tasks/seminars, 16 hours per week will be spent in directed reading, private study, accessing items via the internet and preparing assignment - First, second semester - Caulfield - Distance education - Prerequisites: IMS9023 or equivalent, and IMS9049 or equivalent - Prohibitions: LAR5003

Objectives On the completion of this subject students should be able to (i) understand recordkeeping theory and the law as it relates to recordkeeping and understand accountability concepts, mechanisms and players; (ii) have acquired knowledge of the legal requirements in Australia relating to recordkeeping, in particular access rights and obligations, including confidentiality and privacy, ownership and property principles, records as evidence in both the judicial and recordkeeping sense, legal requirements for creating, keeping and disposing of records, and identify ways in which quality recordkeeping supports accountability; (iii) have acquired skills and techniques in finding and interpreting legislation, standards, codes of ethics and best practice associated with recordkeeping in Australia; (iv) be able to use legal resources and apply legal research skills to determine the legal requirements for recordkeeping in specific social and business contexts; (v) analyse accountability crises and related risk management issues; (vi) develop recordkeeping strategies supportive of corporate and social accountability.

Synopsis This subject provides an introduction to recordkeeping theory and the law, in particular recordkeeping and its legal dimensions from authorship, to ownership, custody, retention, access and evidence from the view of the participants and their legal relationships. It provides an overview of the Australian legal system and its fundamental legal principles including the legal ´persons' recognised by the legal system and related liability. It includes sources of Australian law including statute and case law and their application to specific organisational contexts as well as self-regulatory controls including codes of ethics, codes of conduct and practice and their place in recordkeeping compliance regimes; records as evidence in both the judicial and recordkeeping sense; ownership and property principles and their relationship to recordkeeping; statutory and common law access rights and obligations for recordkeeping; and legal requirements for creating, keeping and disposing of records.

Assessment Participation in exercises: 20% - One major assignment; 40% - On-going project: 40%

Prescribed texts

Iacovino L Things in action, teaching law to recordkeeping professionals Ancora Press, 1998
McKemmish S and Upward F(eds) Archival documents: Providing accountability through recordkeeping, Ancora Press, 1993
Smith H 'Legal responsibilities and issues', Chapter 2 of J Ellis (ed.) Keeping archives 2nd edn, Thorpe, 1993
Morris G, Cook C, Creyke R and Geddes R Laying down the law 4th edn, Butterworths, 1996
Monash University Law Library Australian Standard AS 4390 'Records management Part 2: Responsibilities, regulatory requirements' Guide to legal research 2nd edn, MULR, 1996
Monash University Law Library Guide to legal research 2nd edition, MULR, 1996.
Monash University Law Library Absolutely fabulous guide to the law online 2nd. edn, MULR, 1997

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